All moneys received by the department, including any moneys received by the department from the purchase or condemnation by any other person or agency of any property acquired by the department for the purposes of this division, shall be deposited in the State Treasury and credited to the Harbors and Watercraft Revolving Fund, which fund is hereby created. The Harbors and Watercraft Revolving Fund is the successor to the Small Craft Harbor Revolving Fund, which fund is hereby abolished. All references in any law to the Small Craft Harbor Revolving Fund shall be deemed to refer to the Harbors and Watercraft Revolving Fund.
Chapter 4Harbors and Watercraft Revolving Fund
Section § 85
Any money that the department receives is to be deposited into a special fund called the Harbors and Watercraft Revolving Fund. This fund was created to replace an older fund known as the Small Craft Harbor Revolving Fund, which no longer exists. If any law mentions the old fund, it's now referring to the new one.
Harbors and Watercraft Revolving Fund State Treasury moneys received Small Craft Harbor Revolving Fund property acquisition fund replacement money deposit fund crediting department funds successor fund abolished fund condemnation proceeds revolving fund property purchase state fund replacement
Section § 85.2
This law explains how the money in the Harbors and Watercraft Revolving Fund can be used. The Department of Parks and Recreation can use it for developing boating facilities, ensuring boating safety, regulating boating activities, and constructing small harbor facilities on state-owned or controlled sites. It can also fund state parks that have boating activities and boating safety enforcement programs.
The department must report to the Legislature each year on how these funds are used, including details about the projects funded and their connection to boating. The law also allows the State Water Resources Control Board to use these funds for boating-related water quality activities, and the Department of Fish and Wildlife and the Department of Food and Agriculture for efforts to control invasive species spread by boating.
(a)CA Harbors and Navigation Code § 85.2(a) All moneys in the Harbors and Watercraft Revolving Fund are available, upon appropriation by the Legislature, for expenditure by the Department of Parks and Recreation for boating facilities development, boating safety, and boating regulation programs, and for the purposes of Section 656.4, including refunds, and for expenditure for construction of small craft harbor and boating facilities planned, designed, and constructed by the division, as specified in subdivision (c) of Section 50, at sites owned or under the control of the state.
(b)Copy CA Harbors and Navigation Code § 85.2(b)
(1)Copy CA Harbors and Navigation Code § 85.2(b)(1) The money in the fund is also available, upon appropriation by the Legislature, for the operation and maintenance of units of the state park system that have boating-related activities. Funds
appropriated may also be used for boating safety and enforcement programs.
(2)CA Harbors and Navigation Code § 85.2(b)(2) The Department of Parks and Recreation shall submit to the Legislature, on or before January 1 of each year, a report describing the allocation and expenditure of funds made available to the Department of Parks and Recreation from the Harbors and Watercraft Revolving Fund and from that portion of the Motor Vehicle Fuel Account in the Transportation Tax Fund, transferred annually pursuant to Item 3790-012-0061 of Section 2.00 of the Budget Act, attributable to taxes imposed on the distribution of motor vehicle fuel used or usable in propelling vessels during the
previous fiscal year. The report shall list the special project or use, project location, amount of money allocated or expended, the source of funds allocated or expended, and the relation of the project or use to boating activities.
(c)CA Harbors and Navigation Code § 85.2(c) The money in the fund shall also be available, upon appropriation by the Legislature, to the State Water Resources Control Board for boating-related water quality regulatory activities.
(d)CA Harbors and Navigation Code § 85.2(d) The money in the fund is also available, upon appropriation by the Legislature, to the Department of Fish and Wildlife for activities addressing the boating-related spread of invasive species.
(e)CA Harbors and Navigation Code § 85.2(e) The
money in the fund is also available, upon appropriation by the Legislature, to the Department of Food and Agriculture for activities addressing the boating-related spread of invasive species.
Harbors and Watercraft Revolving Fund boating facilities development boating safety boating regulation programs small craft harbor construction state park system boating boating safety enforcement annual report to Legislature motor vehicle fuel taxes boating-related water quality State Water Resources Control Board Department of Fish and Wildlife invasive species control Department of Food and Agriculture
Section § 86
This law mandates that local public agencies must annually confirm that small craft harbors and boating facilities funded by certain state sections provide necessary amenities like restrooms, parking, waste disposal, and recycling. If they cannot, they must explain why. Cities, counties, or districts with funding for these harbors must ensure facilities are available for commercial and private boats unless written reasons are given for any limitations. This includes providing alternative equivalent facilities at the same cost.
Facilities must meet California's Green Building Standards Code and are required to have accessibility and operation standards set by the Department of Transportation. The state department will oversee compliance and maintenance of these facilities to ensure they meet all contract standards.
(a)CA Harbors and Navigation Code § 86(a) The local public agency shall annually certify to the department that for a small craft harbor or boating facility project that is, or has been, funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3, or a harbor constructed with funds from the State Lands Commission from tidelands oil revenues, adequate restroom and sanitary facilities, parking, refuse disposal, vessel pumpout facilities as required pursuant to Section 776, walkways, oil recycling facilities, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, and other necessary shoreside facilities sufficient for the use and operation of all vessels using the harbor or facility are provided or provide written findings showing why the facility cannot certify to these conditions.
(b)CA Harbors and Navigation Code § 86(b) A city, county, or district, which has received or is receiving moneys under this division for the construction or improvement of small craft harbors that provides facilities for the operation of commercial fishing vessels registered pursuant to Article 4 (commencing with Section 7880) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code, shall not prohibit the commercial operation and use of those facilities by commercial passenger fishing vessels of the same or similar displacement, which are licensed pursuant to Section 7920 of the Fish and Game Code, or the use by private recreational vessels unless otherwise expressly provided by law, unless the city, county, or district provides, elsewhere in the same harbor, alternative, equivalent facilities available at comparable cost for the commercial operation and use of commercial passenger fishing vessels and private recreational vessels or unless the city, county, or district adopts
written findings showing why the existing facility cannot accommodate the operation of commercial fishing vessels, including commercial passenger fishing vessels, or private recreational vessels and why the facility cannot be modified to do so or why alternative, equivalent facilities cannot be provided in the same harbor to accommodate those operations. This subdivision does not require a facility to accept an application for the operation of an additional commercial passenger fishing boat at that facility if the harbor provides alternative, equivalent, adequate, safe facilities at comparable cost for the operation and use of commercial passenger fishing boats or if accommodations for the operation of the additional commercial passenger fishing boat are not reasonably available at the facility under the contract or agreement.
For the purposes of this subdivision, an alternative, equivalent facility in the same harbor shall provide, at comparable cost, adequate
restroom and sanitary facilities, parking, refuse disposal, vessel pumpout facilities, walkways, oil recycling facilities, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, power and water service, and other shoreside facilities and equivalent docks, water channels, navigation aids, and weather protection, including, but not limited to, breakwaters, which are equivalent to the facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3.
(c)Copy CA Harbors and Navigation Code § 86(c)
(1)Copy CA Harbors and Navigation Code § 86(c)(1) A loan, grant, contract or agreement, or plan funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 for a small craft harbor or boating facility project shall provide for construction, development, or improvement of facilities to meet the provisions of subdivisions (a) and (b), and provide vehicular access roads to the harbor or facility, as recommended by the Department of Transportation pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code, unless the reasons for not meeting those provisions and recommendations are set forth in the contract or agreement with the department, or an addendum thereto.
(2)CA Harbors and Navigation Code § 86(c)(2) The small craft harbor or boating facility shall be designed, constructed, developed, improved, and operated to meet, at a minimum, applicable certification standards described in the Tier 1 standards of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations).
(d)CA Harbors and Navigation Code § 86(d) During the term of any existing or new loan contract made pursuant to Section 71.4 or 76.3, or any existing or new contract or agreement pursuant to Section 70, 70.2, or 70.8, the department shall supervise and monitor compliance with this section and the operation and maintenance of the harbor or facility to assure that the planning, construction,
development, or improvement fully complies with this section and the contract or agreement terms and conditions.
(e)CA Harbors and Navigation Code § 86(e) For the purposes of this chapter and Article 3 (commencing with Section 70) of Chapter 2, a harbor or facility that is the subject of a contract or agreement as described in subdivision (d), is under the jurisdiction of the department.
small craft harbors boating facilities amenities restrooms commercial fishing vessels recycling facilities vessel pumpout parking refuse disposal Green Building Standards California Code alternate facilities harbor maintenance compliance monitoring Department of Transportation
Section § 87
This law section explains that the department is responsible for funding projects related to small craft harbors. These projects should be financially practical and help the existing harbors meet certain standards set out in another section of the law (Section 86).
The department shall give consideration for funding the planning, construction, development, or improvement of small craft harbors to projects which are financially feasible and which make existing small craft harbors, which are subject to the jurisdiction of the department, substantially meet the provisions of Section 86.
small craft harbors funding projects financial feasibility planning construction development improvement jurisdiction of the department meeting standards Section 86 compliance harbor projects harbor improvements department funding harbor planning project consideration
Section § 88
This law states that small craft harbors and boating facilities that get funding from specific sections aren’t responsible for accidents or damages that occur on boats using their services. However, if the facility itself is negligent, this protection doesn’t apply, and they can still be held liable.
A small craft harbor or boating facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 is not liable for any damages which occur on a vessel using those facilities or pursuant to operation of the vessel, other than on the facilities of the harbor or boating facility. This section does not provide immunity from liability for a small craft harbor or boating facility for its negligent acts.
small craft harbor liability boating facility funding vessel damages operation of vessel harbor legal protection facility negligence immunity from liability funded boating facilities negligent acts responsibility harbor user protection boating facility negligence damage exemption harbor operation liability facility-related damages
